No. G046731.

219 Cal.App.4th 98 (2013)

163 Cal. Rptr. 3d 600

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. BROOKFIELD CRYSTAL COVE LLC, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

August 28, 2013.

Attorney(s) appearing for the Case

Law Offices of Brian J. Ferber, Brian J. Ferber , Jeffrey K. Jayson ; Benedon & Serlin, Gerald M. Serlin and Wendy S. Albers for Plaintiff and Appellant.

Susan M. Benson & Associates and Susan M. Benson for National Association of Subrogation Professionals as Amicus Curiae on behalf of Plaintiff and Appellant.

Ulich & Terry, Andrew K. Ulich , Donald W. Fisher , Ivette Kincaid and Jonathan C. Terry for Defendant and Respondent.

Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor, John M. Kennedy and Allen Lohse for Comstock Crosser & Associates as Amicus Curiae on behalf of Defendant and Respondent.

Nick Cammarota for California Building Industry Association as Amicus Curiae on behalf of Defendant and Respondent.




Eric Hart bought a newly constructed home from Brookfield Crystal Cove LLC (Brookfield). A pipe in the home's sprinkler system burst, causing significant damage. Brookfield repaired the damage. Hart's homeowners insurer, Liberty Mutual Insurance Company (Liberty Mutual), paid Hart's relocation expenses, incurred while Hart was out of his home during the repair period. Liberty Mutual sued Brookfield...

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